Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-06-03
COURT OF APPEALS.

John p White, presiding Judge; j. NJ. Hurt
and sam y. Wilson judges; James l.. White
clerk; w. L. Davidson, assistant attorney
general; NJ NJ. johnson. bailif.
M. NJ. MosIey VS.. State, from Johnson
county; opinion by Wilson j.
1t was error in this case to refuse the
second special charge asked by defend
ant. 1t was applicable to the facts and
part of the law of the case. For said
error the Judgment will be reversed and
the cause remanded for q new trial. We
sre impressed strongly with the belief
that au officer has been convicted of an
offense which was not only authorized by
law but was his duty to do.
". S. Biles VS.. State, from Llano;
opinion by Wilson, J. AS the record
fails to show in this case that the Jury
was sworn, the conviction must be set
aside. re-. G. P. Art. Coz. The motion
for rehesripg is granted, the judgment of
af1rmanCe is set aside, judgment of con-
viction reversed, and the cause remanded.
J. o. Darby VS.. the State, from Will
hanson; opinion by Wilson, J. Appel
liant was convicted of uulawfully carrying
pistol. His defences were:
l. That he was q Traveller.
2. That he had grounds to fear an at
tack on his person.
The fact of carrying pistol Wss proven,
and appellant was not a traveller, as
contemplated by law as he was only
going from his home to the county size,
a distance of eighteen miles, and as to
the second defense he failed to show that
he was IN any danger whatever. The
Judgment Is affirmed.
r. L. Brannson VS.. State, from Milan;
opinion by White, 2. j. Appellants wife
was one of four heirs of q 0 acres of land,
who held as tenants in common. The
homestead was at different part of the
tract of land than where appellant Guilt
waited and lived. He was convicted o
unlawfully carrying pistol, ana his de
fence was that the land being held in
common he was on his own land 1t was
not appellants own premises. Zallner
VS.. State, 10 CT. of APP. % The judg-
ment is affirmed.
J. NJ. McDevro VS.. State, from East
land; opinion by White, P j. As stated
in the complaint in this case, the sur
name of defendant was McDevro; in the
Information the name IS SGT out as Nc
Dero. This is q fatal varisnce. No
venue is shown to have been proven.
The Judgment is reversed and the cause
remsnded.
John Beeson vs.. State, from LIano;
opinion by Wilson, j. Appellant was
convicted on information of wilfully and
mischievously lnjuring and destroying the
panes Of window glass in store house,
etc.
The prosecution was no doubt main
tanned under article 683 of the Penal
Code, but that article only refers to
growing grain, etc, or other agricultural
product, etc. A store house does not
come under this head. The fact charged
in the information does not constitute an
offense against the law, hence the judg-
ment is reversed and the prosecution dis
missed,
Joseph CzechaTsich VS.. the State, from
Falls; opinion by White, P. j. Appellant
was convicted of simple assault bsfsEe
justice OF the peace. He appeaied f0stea
County court, executing his bsnd. THE
county attorney moved to dismiss appeal
because Of supposed defects in tkes6ond,
and the appeal WAS dismissed. This was
error, because the bond was in su5stan-
stial If not literal compliance with the